IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.41525 OF 2017 (GM-CPC) Between:
1. Sri D.Ramesh Babu S/o Sri Devaraju Aged about 38 years R/at No.11, G 9th Street Halasuru, Bengaluru-560 008 2. Sri M.J.Mahadeva Gowda S/o Late H.Jayaram Gowda Aged about 51 years R/at No.A-22, Fascinate Homes 12th Cross, 8th Main, Malleswaram, Bengaluru-560 003 …Petitioners (By Sri Rajadithya Sadasivan, Advocate) And:
1. Brig S.C.Bhattacharyya (Retd) Aged about 71 years S/o Late S.C.Bhattacharya R/at No.A-24, A Chittaranjan Park New Delhi-110 019 2. The Chamong Tea Co Ltd., Having its Regd. Office At No.12, Government Place East, Calcutta-700 069 Represented by its duly Authorized representative Mr. R. Radhakrishna No.64, 13th ‘C’ Main, HAL 2nd Stage, Bengaluru-560038 ... Respondents This writ petition is filed under Article 227 of the Constitution of India, praying to quash two portions of the order passed on I.A. filed under Order XXVI Rule 9 of the Code of Civil Procedure dated 13.01.2016 in O.S.No.2747/1996 by the City Civil and Sessions Judge, Bengaluru (CCH-38) vide Annexure-A, namely in first para of the Order “and the Affidavit dated 25.08.2015 filed by the D-1” and in the 4th Para of the Order “and documents as sought by the D-1 in his affidavit dated 25.08.2015”.
This petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER After arguing the matter for some time, Sri Rajadithya Sadasivan, learned counsel appearing for the petitioners filed a memo for withdrawing the above writ petition with liberty to the petitioners to approach the trial Court seeking modification of the impugned order in view of the letter dated 06.09.2016 by the Director of Forensic Science Laboratory, Madivala, Bengaluru.
2. Memo is placed on record.
Writ Petition is dismissed as withdrawn with liberty as prayed for.
SD/- JUDGE KMV*